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February 17, 2008 - February 23, 2008

February 22, 2008

Still More on Target-Date Funds

Last Monday we posted another in a series of items on target-date mutual funds. As we sifted through a mildly embarrassing pile of newspapers last weekend, a story in the January 30th Wall Street Journal brought the issue of target-date funds back to the fore.

In "Two Mutual-Fund Firms Fight the Tape," John Spence opened with this (emphasis added in bold):

Mutual-fund managers T. Rowe Price Group Inc. and Waddell & Reed Financial Inc. reported higher fourth-quarter profit, driven by interest in their investment products despite volatile financial markets.

T. Rowe Chief Executive James Kennedy, in an interview, pointed to the continuing strength of the Baltimore company's "target-date" retirement funds, which are designed to automatically manage investors' asset allocations as they age.

"Some investors panic or withdraw in volatile markets, but they can't time the market in the short term," he said. "We hope they won't panic, so we're encouraged to see strong inflows in the target-date funds."

Kennedy's last point is exactly right: Investors shouldn't panic, and, if anything, they should increase their contributions during periods of market weakness. To the extent that the diversification of target-date funds helps investors in general--and retirement plan participants in particular--stay in the game, they serve an important role.

But all of this brings us back, once again, to the question of how good these instruments really are. And that takes us back to a conversation one of our partners had recently with someone T. Rowe Price. In helping a friend establish a Roth IRA at T. Rowe, our guy ended up speaking with a customer service representative. Here's a rough transcript of that conversation.

Interlake: I think the Retirement 2040 fund would be appropriate for my friend, but I'm a little concerned to see that emerging markets equities amount to less than one percent of fund assets. Why so little? 

T. Rowe: Well, as you know, international investments can be very risky, so our committee has decided to limit exposure in that area.

Interlake: Risky? In the short term, I suppose, but this is a 2040 fund! Isn't the whole point of this kind of vehicle to take more short-term risk in pursuit of better long-term returns?

T. Rowe: Well, all I can say is that our people have made this judgment call and what you see in the fund is what you get.

When our colleague looked into adding some emerging markets exposure directly through T. Rowe's emerging markets fund, it became clear that his friend couldn't meet the initial minimum for that fund. So she's now left with a "2040" fund that has less than one percent exposure to emerging markets equities. That's weak stuff.

The point here is that fully diversified "one-stop" portfolios can and should play a significant role for individual investors, especially those dollar-cost averaging into their retirement plans. But investors need to lift the hood of these target-date funds, understand the engine they find, and, in many cases, add some additional horsepower. But then again, doesn't that sort of defeat the one-stop premise in the first place?

(See page two of this document for the full breakdown of the funds in TRRDX as of year-end 2007).

Source

John Spence, "Two Mutual-Fund Firms Fight the Tape," Wall Street Journal, January 30, 2008

More Cap Gains Distributions

We reckon this speaks for itself (emphasis added in bold):

More mutual fund investors will be hit with higher tax bills again this year as the trend for increasing capital gains taxes continues unabated.

The average equity fund will pay 6.89% of year-end net asset value for 2007, compared to 4.17% for 2006. It was only 1.67% in 2004. Likewise, the average pay-out for international funds grew to 7.49% versus 4.98% in 2006, and the pay-out for balanced funds jumped to 3% last year versus 1.95% the prior year. The main reason for the rising pay-outs and resulting yearly increases in capital gains tax liabilities is that funds had used bear market losses to offset gains, and those losses have dried up.

A fund can stick investors with a tax bill even if the individual investor didn't make money because capital gains are based on gains that the fund realized and distributed to all shareholders equally regardless of the individual investor’s cost basis, says Morningstar analyst Russel Kinnel. He adds that if the current economic downturn continues the trend will reverse and future capital gains will be offset by fund losses.

Kinnel advises ways to limit capital gains tax liability include putting the maximum in tax sheltered accounts; using tax-managed funds for taxable accounts; investing in diversified, low-cost and low-turnover exchange traded funds; and avoiding funds that have had huge returns over the past three years.

Source

"Mutual Fund Tax Bite Keeps Hurting," Financial Advisor, February 22, 2008

Friday Reading

Drifting into the weekend edition...

February 21, 2008

Conference Call with Matt Hutcheson

Download price_hutcheson_401k_conference_call.wav

Click on the link above to download an audio file of the conference call we previewed this morning. The conversation is roughly 46 minutes long.

The discussion touched on several key topics in the 401(k) world: LaRue v. DeWolff, fiduciary duty, the true costs of conventional plans, the meaning of prudence for sponsors, the tremendous importance of getting the defined-contribution system right, and more.

To see our collected commentary on a broad range of issues concerning retirement plans, please click here.

Conference Call Today

Just a quick note here to let you know that later today, our Chief Investment Officer, Kevin Price, will participate in a conference call with Matt Hutcheson, one of the country's most influential independent ERISA fiduciaries.

The discussion will focus on the current landscape in the 401(k) marketplace, the characteristics of fiduciary plans, the meaning of ERISA's "prudence" requirement, yesterday's Supreme Court decision in LaRue v. DeWolff, and more.

The call begins today at 2:00 pm EST (11:00 am PST). To listen in, dial 712-775-7000 and enter code 771081#. The call will be recorded and made available as a podcast.

February 20, 2008

Fortunately for the Legal Department, CNBC's Anchors Are *Not* ERISA Fiduciaries

Speaking of 401(k)-related malfeasance, we just made the mistake of un-muting the television to hear this pseudo-exchange between Bill Griffeth and Melissa Francis:

Griffeth: With the Dow off almost 2,000 points from that October 9th high, a lot of people are wondering what to do with their 401(k) retirement plans.

Francis: So should you stop contributing? Should you go to more cash? We've got a task force to answer the big question: What's the best strategy for your 401(k) in this rocky market. The answers are coming up.

We haven't heard the answers from the "task force" just yet, but those mindless questions--in particular the first one (stop contributing!?)--pretty much answer themselves.

We're almost afraid to listen to the upcoming exchange, but our fiduciary duty requires us to do so...just in case we need to issue another corrective.

UPDATE: Uh-oh. Dennis Kneale is in the mix. Mary McGrath says the obvious: Don't use volatility as an excuse to stop contributing. [Related: Savvy investors celebrate market volatility because it enhances the effectiveness of dollar-cost-averaging. And investors with long time-horizons welcome sustained weakness in the financial markets because it allows them to accumulate assets as relatively low prices.]

Now Steve Beatty speaks more truth: Don't use your 401(k) to make short-term bets, which for most individual investors pave the road to oblivion, not long-term success.

Perversely, Kneale's preternatural bullishness actually works in this instance, insofar as it implies staying invested through the volatilty. Overall, sensible stuff from the "task force"--and some triumphant grandstanding by the almost-always-unfortunate Kneale, who couldn't resist the opportunity to celebrate his very own personal steeliness in the face of the 1987 crash.

Supremes Hand Down a Major ERISA Decision

Big news from the U.S. Supreme Court today:

Participants in 401(k) and other retirement plans can file lawsuits claiming their individual accounts were mishandled, the U.S. Supreme Court ruled in a decision that bolsters the legal rights of 70 million people.

The justices today unanimously allowed a suit by a man who says he lost almost $100,000 because his employer didn't make investment changes he requested. The court rejected business contentions that participants can sue only to enforce the rights of the entire plan, not to recover losses incurred by a single account.

The ruling affects participants in so-called defined- contribution retirement programs--a category that includes 401(k), employee stock ownership and profit-sharing plans. Those accounts hold $3.3 trillion in assets.

This is a very important development, one that raises the stakes for all retirement plan fiduciaries (sponsors, recordkeepers, third-party administrators, investment advisors, brokers, &c.). Here's the key language from the syllabus to the opinion, written by John Paul Stevens (emphasis added in bold):

Although §502(a)(2) does not provide a remedy for individual in-juries distinct from plan injuries, it does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant's individual account. Section 502(a)(2) provides for suits to enforce the liability-creating provisions of §409, concerning breaches of fiduciary duties that harm plans. The principal statutory duties imposed by §409 relate to the proper management, administration, and investment of plan assets, with an eye toward ensuring that the benefits authorized by the plan are ultimately paid to plan participants. The misconduct that petitioner alleges falls squarely within that category, unlike the misconduct in Russell. There, the plaintiff received all of the benefits to which she was contractually entitled, but sought con-sequential damages arising from a delay in the processing of her claim. Russell's emphasis on protecting the "entire plan" reflects the fact that the disability plan in Russell, as well as the typical pension plan at that time, promised participants a fixed benefit. Misconduct by such a plan's administrators will not affect an individual's entitlement to a defined benefit unless it creates or enhances the risk of default by the entire plan. For defined contribution plans, however, fiduciary misconduct need not threaten the entire plan's solvency to reduce benefits below the amount that participants would otherwise receive. Whether a fiduciary breach diminishes plan assets payable to all participants or only to particular individuals, it creates the kind of harms that concerned §409's draftsmen. Thus, Russell’s "entire plan" references, which accurately reflect §409's operation in the defined benefit context, are beside the point in the defined contribution context.

The case is LaRue v. DeWolff, Boberg, 06-856. We'll pass along commentary on LaRue as it emerges.

Source

Greg Stohr, "Retirement-Fund Suits Allowed by U.S. Supreme Court," Bloomberg, February 20, 2008

Negative Feedback

We've noticed an uptick in recognition--or at least public acknowledgement--of the negative feedback effects at work in a credit-dependent economy slogging through a period of credit contraction.

First, from Edward Hadas of breakingviews.com, in yesterday's Wall Street Journal:

The specter of deleveraging still haunts the financial markets. Rightly so, for the removal of credit from the global economy is a process that feeds on itself. That means that the credit crunch could easily turn into something much nastier.

Before the deleveraging came the leveraging. Take the U.S. The ratio of all sorts of debt to gross domestic product rose to 342% at the end of September 2007 from 160% in 1975. Through 2000, debt increased by 2.4 percentage points a year faster than GDP. But after the turn of the millennium, the rate accelerated almost to 3.7 percentage points a year.

While it was happening, only a few sourpusses complained. Increasing debt was seen as a natural trend. As economies get richer, they have more need for debt-financed investments and inventories. But lending grew much faster after 2000 than even the most gifted apologist could explain away. It was a bubble, which has now been popped.

In a credit bubble, one thing leads to another. You can bid more for a house because banks are willing to lend more. So house prices rise, giving the banks more confidence about lending yet more. So you build an addition or buy a new car.

Multiply that by a few hundred million borrowers and presto, asset prices go up and economic growth is high. Banks rejoiced. They set up off-balance-sheet vehicles that piled on debt. Leveraged-buyout groups borrowed to take companies private; hedge funds borrowed to invest in assets. And so on.

In deleveraging, too, one thing leads to another. Start with a bank that has lost a few billion dollars on subprime mortgages. The bosses are likely to decide that troubled times call for higher capital ratios. That means calling in lines of credit. Some borrowers are forced to sell assets, pulling down prices. The banks then look at the value of their collateral and think: "Oh my god, it's not worth what we thought." They then cut their credit again -- giving another turn of the deleveraging screw.

The housing market was just the start. A series of debt mountains -- credit cards, car loans, LBO loans -- risk being leveled. The credit contraction strikes down financial arrangements that once looked solid -- from structured investment vehicles to auction-rate securities.

If the original debt helped fuel consumption, deleveraging will feed into lower economic activity. If the original debt fueled asset purchases, the consequence will be lower asset prices. There could be a dual effect because lower asset prices can make people feel poorer and less willing to spend money. This is especially the case with people's homes.

How far can this go? Historical parallels aren't terribly comforting. In Japan, a boom in the 1980s was followed by a painful deleveraging. Despite massive government borrowing and five years of a near-zero interest rate on overnight borrowing, the prices of shares and real estate declined by 40% to 70%. The U.K. did better in its deleveraging after 1990 -- house prices dropped by 40%, after taking inflation into account, but share prices rose.

Politicians and central bankers are alarmed by the rapid shift to deleveraging. There are limits to what they can do. Sharp interest-rate cuts may not be enough to make banks abandon their newfound caution in lending, especially if loan losses are rising. Higher government deficits may not help either. In a deleveraging world, the government may borrow so much it crowds out private borrowers seeking funds.

The deleveraging snowball will eventually reach the bottom of the mountain. Banks will start to see opportunities, and borrowers will become more courageous. But it could be a long and painful wait.

Next, from Christian Weller at Credit Slips:

We are headed for the Great Deflation – a period spanning a decade or more of very slow growth, rising unemployment, flat or falling real wages, fewer employer-provided benefits and increasing pressures on government finances.

People borrowed money because they had to. Income growth simply did not keep pace with prices in housing, health care, transportation, energy and food. Much of the debt that families borrowed to finance their consumption came from overseas, which contributed to record high trade deficits. And, the situation is further exacerbated by the fact that productivity growth, the battery in the Energizer Bunny, seems to be running out of juice, since businesses haven’t invested enough in the face of lower demand for their products.

The chickens are coming home to roost. Families either default or repay their debt. Either way, they consume less and economic growth slows. This slowdown can last for some time, just like the run-up in debt did.

At the same time, the structural weaknesses will exacerbate the long-term outlook. Specifically, businesses will have no incentive to invest more if their customers are paying back debt instead of going shopping, thus contributing to less productivity growth. And government revenues will shrink because economic activity is slowing, resulting in less spending, including on education, thereby contributing to the slowdown in innovation. Yet, without faster productivity growth, our competitiveness will suffer and it will be harder to reduce our trade deficit through export growth.

And finally, for now anyway, from Scott Patterson in today's Wall Street Journal:

Economists have a term to describe what it means when things keep going from bad to worse: negative-feedback loop. One day's problems create a broad set of behaviors that only make the problems worse.

Consider housing. As home prices fall, more families see the values of their homes decline to less than the amount of money they have to pay back on their mortgages. That gives them an incentive to walk away from their mortgages and leave their homes empty, which puts more downward pressure on home prices, drawing more households into the loop.

Housing turmoil, in turn, causes consumers to pull back, hurting the broader economy, which puts more downward pressure on home prices. Banks, worried about mortgages going bad, tighten lending standards, shutting some new buyers out of the market and further depressing home prices.

Negative-feedback loops can be pernicious when an economy depends heavily on borrowed money. Total outstanding household debt rose to $13.6 trillion by the third quarter of 2007 from $7.2 trillion at the beginning of 2001 -- a 10% annual growth rate. Mortgage borrowing more than doubled in this stretch. One out of every seven dollars of disposable income earned by Americans now goes toward paying down debt -- near a record.

Corporate borrowing was modest for most of the decade, then started rising at double-digit rates in 2006 and 2007, amid a wave of private-equity buyouts and debt-financed share buybacks. Meantime, Wall Street juices returns by making investments with borrowed money.

Yale economist John Geanakoplos's concept of the leverage cycle shows how negative-feedback loops are driving today's economy. When times are good, credit is ample, causing the economy to heat up. When the cycle shifts, lenders tighten standards and become more demanding about the collateral they hold, feeding into the negative-feedback loops hitting the economy.

He says shifts in this cycle can happen suddenly, catching investors and policy makers off guard. "When the world seems more uncertain, everyone wants a lot of collateral and the economy goes from highly leveraged to no leverage very quickly," he says.

"When things go bad, people have to sell assets to raise collateral," says Gregg Berman, co-head of the risk management unit of RiskMetrics Group. Selling reduces the value of the very assets borrowers have used as collateral against loans -- such as homes. "The more leverage is built into the system, the more the cascade effect is magnified," Mr. Berman says.

Individual banks might be acting rationally when demanding more or better collateral. Trouble is, when every lender does this at once, it becomes self-destructive, triggering shock waves that threaten the banks themselves.

The trick for policy makers is to break the loop. "A macroeconomic downturn tends to diminish the value of many forms of collateral...reinforcing the propagation of the adverse-feedback loop," Federal Reserve Governor Frederic Mishkin said in a January speech. Aggressive Fed interest-rate cuts help by reducing the cost of all of this borrowing.

The psychology of risk aversion behind these negative loops is hard to alter once it sets in. That is why breaking the chain this time could be harder than anyone expected.

We don't see Hy Minsky's name in the press or blogosphere much these days, but his work seems more apt every day.

Sources

Edward Hadas, "Tight Credit Poses Risks," Wall Street Journal, February 19, 2008 (subscription only)

Scott Patterson, "Housing Cycle Is Caught In Vicious Circle," Wall Street Journal, February 20, 2008 (subscription only)

Wednesday Reading

What could be finer, than stagflation worries more than minor, in the morning?*

~~~~~~~~~~~~~~~~

* With apologies to Charles Osgood.

February 19, 2008

Technical Question Marks

This morning Barry Ritholtz updated one of his favorite charts, the percentage of NYSE issues trading above their 200-day moving averages. Here's Barry's point--or, more accurately, his question:

The present reading on the % of NYSE stocks above their 200 Day Moving Average indicator is at readings that--at least in the early part of the market cycle--have led to strong rallies in the short run. The first 3 readings (far left of chart) were deeply oversold conditions caused by a) the initial collapse from March 2,000; b) The 9/11 sell off; and c) the sell off following that 9/11 selloff/bounce.

So far, this reading has produced a peak rally reading of 9.6% at its recent high price. This is a far cry from the past bounces.

If you believe--and this is a big if--that history will repeat itself, then we still have a ways to run. If you expect those prior bounces were materially different than today, than this rally may run out of steam.

Not exactly determinative, but then that's market life these days (and most days, for that matter).

Which prompted us to think about a minor mystery unfolding in a sentiment indicator we've mentioned several times over the last few months: the equity-only put-call ratio. When we last checked in with this time series (in mid-January), the ratio's 21-day exponential moving average had bumped up against levels recently associated major market bottoms in March, August, November. We've added the dashed blue line to indicate that the 21-day EMA topped out again last month--just after we posted our January 17th post on this topic. (See the chart below.)

Equity_putcall_20080219

Now, however, we have the 21-day EMA lurking at the 0.75 level. Does that imply another sharp bottom is waiting in the wings?

Market action, in particular today's anemic afternoon breakdown, doesn't seem especially bullish. But when we see this kind of divergence--between (1) a contrarian (and currently bullish) indicator such as the put-call ratio and (2) the absence of fearful capitulation, which typically marks sharp v-shaped bottoms--we begin to suspect that investor risk-aversion is turning more chronic--and less acute--than it has been for the last several months.

If the fear and panic routine (which, let's be honest, could re-open at any time!) is playing itself out...the next market chapter might be characterized by malaise and indifference. The upshot: Less volatility, lower volumes, and no particular directional conviction.

What we'd expect is that a series of short-term "V's" resolve into a medium term "U" to form a broader, firmer base for future gains.